Título III. Del objeto de la expropiación

For reasons of public utility or necessity, for social interest, all kinds of property may be subject to expropriation, whether or not in commerce.

Expropriation shall be limited to the portion necessary to construct the public work or satisfy the collective need, except where, for its execution or its financing, expropriation of the entire property or of a larger portion, or of another adjacent property, is necessary, matters which shall be established in the respective declaration.

Expropriation may be declared and carried out with respect to property adjacent or not to a public work, provided that by their nature they complement the plans for its social improvement provided for by law.

Accessories of the expropriated property may be included in the expropriation. However, the expropriated party may exclude them from the expropriation provided that removal is possible without material detriment to the principal property and that such accessories have not been considered as the primary object of the expropriation.

If the expropriated party proves that the remainder of the property is inadequate for the use to which it had been destined, it has the right to have the expropriation extended to the whole thereof. If the State, the municipalities or the University of San Carlos of Guatemala, as expropriating entities, prove that by reason of the works carried out or to be carried out, the remainder of the partially expropriated property is of greater value, they shall have the right to deduct from the value of the expropriated part twenty-five percent of the increase in value of the remainder.